Hamberg

The defendant was jointly indicted with one Pilcher for obtaining money under false pretenses from one F. M. Parker. Pilcher, it seems, had pleaded guilty, before the present trial, and Hamberg was tried alone.

The charge, in brief, is, that the parties first mentioned had falsely and fraudulently represented to Parker that *470 Hamberg was the owner and in possession of certain lots in the city of San Francisco, and Parker, relying solely upon the false representations made to him by the parties defendant, had accepted a deed from Hamberg of the lots, and given in return money and other property of the value of nine thousand five hundred dollars; that the representations thus made to Parker were untrue, and known to be so by the defendant at the time they were made.

A demurrer was filed to the indictment, on the grounds, ■—1. That the facts stated do not constitute a public offense; 2. That it contains matters which, if true, contains a legal justification and excuse of the offense charged, and a bar to the prosecution.

This demurrer was overruled, and the defendant thereupon, on the 18th of February, 1888, entered a plea of not guilty.

On the 28th of March, 1888, he entered…